Any party may appeal to the Supreme Court as a matter of right from a final decision of the Court of Appeals whenever a question under the Constitution of either the United States or the State of Kansas arises for the first time as a result of such decision (8.03(e)(1)). The review of other decisions of the Court of Appeals is at the discretion of the Supreme Court (8.03(e)(2)). The considerations upon which such discretion is exercised typically are:

1. The general importance of the question presented in the case – the presence of an issue of public importance or consequence, or the presence of an issue of first impression under the U.S. Constitution, the state constitution, a statute, or other authority;

2. The original Court of Appeals decision demonstrates the need for update, clarification, or synthesis of case law;

3. The existence of conflict between the Court of Appeals decision and Supreme Court precedent, or between that decision and another Court of Appeals decision; or because of a dissenting opinion;

4. The need for the exercise of the Supreme Court's supervisory authority because the decision concerns an issue with high visibility or publicity, appears to reach an incorrect result, appears to reach a correct result but under faulty reasoning or rationales, or presents an issue likely to recur or in need of immediate resolution by the Supreme Court;

5. Some other persuasive and important reason.

The justices of the Supreme Court study the petitions and arrive at a recommendation for action – grant, deny or hold (typically pending completion of a relevant case that is already with the court). The vote of three justices is sufficient to grant any petition for review (8.03(e)(2)). When a petition for review is granted, unless the order granting the petition for review states otherwise, the Supreme Court considers all issues that had been properly before the Court of Appeals that the petition for review or cross-petition alleges were decided erroneously by the Court of Appeals. The denial by the Supreme Court of a petition for review of a Court of Appeals decision imports no expression of opinion upon the merits of the case.